At SCULPTpdx we pride ourselves on creating an environment that is welcoming to all people, where you look forward to a dedicated hour to focus on your own personal strength, both physically and mentally. But just like everywhere else, in order for us to provide the ultimate service we need to be follow some reasonable rules and expectations. 

To make a long story short, be respectful to the other members, the staff, the equipment, and the studio. If you want to know the details of these expectations, read the details below.

SCOPE OF THE AGREEMENT

SCULPTpdx (“Sculpt”, “we”, “us”, or “our”) has created Terms of Service for all members to follow. The terms of this agreement will be legally binding continue the use of our studio. This agreement may change in our discretion, and the effective date will be modified above for each update. If you do not agree to the terms of service, then we ask that you do not use our services. 

ACCESS

To gain access to our services, we ask that each member has their own account. This account can be made online at www.sculptpdx.com, or by utilizing our SCULPTpdx app. By using this app, you are agreeing that you are of age 12 or greater. For members between 12-18 years old, we require a guardian to be consenting to the Terms of Service. If we are notified that a minor has gained access without guardian approval, we reserve the right to delete the account until a guardian has approved access. When you create an account, you agree that you are solely responsible for all activity that occurs on your account. In order to do so, please keep your password secure. If you believe there has been a breach of your security, please notify us at info@sculptpdx.com.

By accessing our services, you agree that your sole intent is to become a member of SCULPTpdx. This means that your account may not be used for commercial use, have intent to damage or impair our software, introduce viruses or technological harm, promote unsolicited content, or use ant robot or automated device to run the software. 

STUDIO POLICIES, RULES, AND REGULATIONS

Cancellations. YOU MUST CANCEL CLASS 8 HOURS IN ADVANCE OR YOU WILL BE DEDUCTED THAT CLASS OR CHARGED A LATE-CANCEL/NO-SHOW CHARGE. You may cancel class utilizing the online system, the app, calling or texting the studio, or messaging us on a social media platform. In rare cases of emergencies, the fee may be requested to be waived at the discretion of the Sculpt staff. 

Reservations. YOU MUST SHOW UP NO LATER THAN 5 MINUTES LATE TO THE START OF THE SCHEDULED CLASS, OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT AND YOU WILL BE CHARGED A CANCELLATION FEE. If in the rare cases of emergencies, you can contact the Sculpt staff for an exception. This exception may not always be granted if there is a waitlist client waiting in the studio. This exception may also not be granted if the member will miss key instructions to the daily workout. Of course, we want all our members to exercise at any expense, but disrupting a class and the coach can have negative results on the members in the class. Please me mindful and respectful of the others in the studio. If you show up later than the 5 minutes, the Sculpt staff may ask you to leave and book another class. This may also result in a late-cancel/no-show charge. 

Memberships, Class Packs, Third-Party Bookings, and Promotional Offers. ALL CLIENTS WHO CHOOSE TO USE OUR SERVICES ARE SUBJECT TO THE LATE-CANCEL/NO-SHOW CHARGES. 

Personal Belongings. Sculpt is in now way responsible for the safekeeping of your personal belongings that are brought into the studio. You assume the risk of all loss of belongings. Sculpt will hold any found items for a reasonable amount of time until unclaimed. We will provide you with a locker with the capability to have a lock, but it is up to the client to bring a lock suitable for our storage lockers. 

Safety and Respect. We ask that all clients use our services in a safe and respectful way. This will help prevent injury from you and other clients, as well as keep our studio and equipment in good shape. If these safety and respect rules are not followed, the Sculpt staff has the ability to ask the client to leave and/or cancel their membership without refund. Any injury, whether due to proper use of equipment or not, will not be the responsibility of Sculpt, and in no way can SCULPTpdx be held liable for the injury. Below are some basic guidelines we ask our clients to follow:

– Always bring the treadmill to a complete stop before jumping off.

– Do not put drinks, equipment, weights, or clothing articles on the treadmills, unless you are utilizing the designed holder for such items. 

-Do not drop or toss weights. This may damage the equipment, studio, or harm and distract another client. 

-If you are recovering or have an illness, please take the day off to prevent spreading it amongst other clients.

REFUND POLICY. All purchases will be non-refundable. This will include memberships, class packs, promotional offers, and any other services or merchandise sold by SCULPTpdx. The only exception of a refund will be if a duplicate purchase was made in error, or Sculpt staff was notified to terminate an autopay PRIOR to the bill date and failed to do so successfully. 

We strongly encourage our clients to be modest in their purchases prior to making any extravagant purchases. We want to be sure our clients believe that Sculpt is the right studio for them, and that they can take full advantage of the investment they have made.

PRIVACY POLICY. Please see our Privacy Policy to explain how we use the information acquired. 

TERMINATION. We reserve the right to terminate your membership or purchase at any time, at the discretion of the Sculpt staff. Clients will also have the ability to terminate any autopay prior to their next bill date. They can do so by contacting the studio via phone call, text, or social media platform. We may terminate services if there is a breach in the Terms of Service that were agreed upon, or if billing information continues to fail without intent to be updated. If there is a breach of contract, the autopay will be cancelled with no refunds of previous purchases. 

THIRD-PARTY SITES. We are not responsible for the Terms of Service or Privacy Policies of other sites. There may be times that Sculpt provides links to outside companies or vendors for information, challenges, promotions, marketing, billing, or for go entertainment purposes. We can not guarantee the accuracy, truthfulness, quality, or content that is displayed by other companies. 

ASSIGNMENT. This agreement can not be assigned or transferred to any other individual. It is exclusively for the individual that registered and signed the agreement. 

FEES. You acknowledge that Sculpt charges fees for the services that are provided. Failure to pay the fees may result in termination of contract. We also reserve the right to change fees with our discretion.

NON-HARASSMENT POLICY. There will be a zero tolerance for harassment. All clients should feel safe and welcomed at SCULPTpdx. Any unwelcomed, inappropriate, or offensive behavior, conduct, or speech will result in consequences determined by the Sculpt. If you feel that you have experienced any harassment, we encourage you to promptly tell the person engaging in such behavior that it is offensive if you feel comfortable doing so, or relay it to a Sculpt staff member promptly. 

Harassment can come in all forms and words, and not all jokes are found funny. When filing a complaint, we request that you use as much detail as possible. Helpful information can be the date and time of the incident, the name of the offender, any witnesses that may have heard, or any other information that can be found relevant. 

FEEDBACK. We are always listening to ways to improve. You may submit ideas, comments, or suggestions about our services. Your feedback is voluntary and may not be confidential. Sculpt reserves the right to make changes or take them into consideration, but is not required to provide any compensation or obligation to the originator of the feedback. Feedback from clients or staff members may be freely by SCULPTpdx and has unlimited right to using, modifying, or publishing any content freely provided to us.

ENTIRETY OF AGREEMENT AND WAIVERS. The Terms of Service and the Privacy Policy, as well as any other policies created by SCULPTpdx, shall constitute the entire agreement between Sculpt and the client. Provisions may be made to any policy, and continued use of the services will be acknowledgment of agreement. 

LIMITATION OF LIABILITY AND LEGAL DISPUTES

PLEASE READ THE FOLLOWING CLAUSE CAREFULLY – AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHT AND RIGHT TO FILE A LAWSUIT IN COURT

Initial Dispute Resolution. We are available to hear you, listen, and address any concerns you may have regarding the use of our Services. Most concerns may be quickly and effectively resolved in this manner. You and Sculpt agree to use the best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party before initiating a lawsuit or arbitration. Sculpt must first hav ether ability the opportunity to resolve the dispute. 

Any dispute or claim must be submitted in writing. The written notification must include your name, your address, a description of the claim, a description of the relief you seek, and any other detailed pieces of information in regards to the dispute. Sculpt then has 45 days to respond once we receive your written notification. 

Agreement to Binding Arbitration. If an agreement is not made between you and SCULPTpdx, then either party may initiate binding arbitration. All claims will be finally settled by the binding arbitration administered by American Arbitration Association (AAA) and Employment Arbitration Rules and Mediation Procedures (AAA Rules). Under no circumstances will class action or representative action procedures or rules apply to the arbitration.

Each party will have the right to use legal counsel in connection with arbitration at its own expense. A single neutral arbitrator in accordance with the AAA rules will be selected. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation applicability, enforceability, or formation of the Terms of Service and/or this arbitration agreement, including, but not limited to, any claim that all or any part of this agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a four under law or in equity. The arbitrator will put the aware in writing and provide a statement of the essential finding and conclusions, which will be binding to you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this arbitration agreement and all other agreements between you and us shall be subject to the Federal Arbitration Act. 

The current AAA rules governing this arbitration may be accessed at https://www.adr.org/emploement. 

30 Day Opt-Out. If you wish to opt-out of an arbitration, a written statement must be provided with your name, your address, and a clear statement that you do not with to continue this dispute with SCULPTpdx through arbitration. This opt-out notice but be completed within 30 days. There will be no impact or adverse effects with you and the relationship of SCULPTpdx. 

Class Action and Class Arbitration Waiver. The arbitrator may not consolidate more than one person’s claim, and may not otherwise preside over any form of a class or representative proceeding or claims (Ex: Class Action), unless you and Sculpt specifically agree to do so in writing following the initiation of arbitration. If you choose to pursue your dispute in court by opting out of the Arbitration Provision, the Class Action Waiver will not apply to you. Neither you, or any other user of our services can be a class representative, class member or otherwise participate in our services without having complied with the opt-out requirements. 

Exception – Small Claims Court. You and Sculpt may still seek relief in small claims court for dispute or claims within the scope of that court’s jurisdiction. 

Jury Waiver. You understand and agree that by entering into these Terms, to the extent that a civil jury trial would otherwise be available, you and Sculpt are waiving the right to a jury trial or trial before a judge in a public court. In the absence of this provision, you and Sculpt might otherwise have had the right or opportunity to bring disputes in a court, before a judge or jury, and/or participate or be represented in a case file in court by others (Class Action). Other rights you may have waived if you went to court, would be the right to appeal and the limitations of certain types of discovery. 

Exclusive Venue for Litigation. To the extent that arbitration provisions do not apply, or you opted out of arbitration, you and Sculpt agree that any litigation between you an us shall be filed exclusively in state of federal courts located in and governed by the laws of the U.S. State in which the dispute arose. This exception is for small claims court which may be brought in the county you resided in at the time of dispute. In the event of litigation, you and Sculpt agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waver is no permissible under applicable law. 

Agreement. By agreeing to this agreement, enrolling into our services, attending a class, attending an event, or attending and Sculpt function, you hereby acknowledge and agree on behalf of yourself that there are certain inherent risks and dangers in the strenuous nature of the Sculpt workout program. You agree that you have voluntarily chose to participate in Sculpts workout program, and that you understand that Sculpt strongly recommends that you consult a licensed physician prior to participating in any classes. You have been fully informed of the intense nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death. You are assuming all risk for you health and well-being, and full release and hold harmless for any responsibility, cost or damages the SCULPTpdx LLC, its instructors, members, and employees for any injury, harm, or loss you may suffer, including death, as a result of a Sculpt activity. If you are enrolling am minor, the above release applies equally to said minor. 

We are providing services on an “as is” and “as available” basis, without warranty of any kind. SCULPTpdx expressly disclaim any and all warranties and conditions of merchantability, title, accuracy, completeness, uninterrupted or error-free service, fitness for a particular purpose, quite enjoyment, non-infringement, and any warranties arising our of course of dealing or trade usage. We make no promises with respect to, and expressly disclaim all liability for products, services, information, programming, and/or anything else provided by a third-party company that is accessible through the service. 

You agree that to the maximum extent permitted by law, Sculpt will not be liable to you under any theory of liability. Without limiting the foregoing, you agree that, to the maximum extent permitted by law, Sculpt will not be liable for any indirect, incidental, consequential, special, or exemplary damage, loss of profits, business interruption, reputational harm, or loss of data arising out of or in any way connected with your use or inability to use our services. 

Without limiting the forgoing Sculpts maximum aggregate liability to you for losses or damages that you suffer in connection with services is limited to the amount pain to us in connection with the services in the twelve months prior to the action giving rise to liability. 

Your sole remedy and responsibility for dissatisfaction with Sculpts services is to cease the use of services. 

Contacting Us. If you have any questions about our Terms of Service, the site, or the app, please contact us at info@sculptpdx.com. 

NOW THAT WE HAVE FINISHED READING – LET’S SCULPT!